EppsNet Archive: James Damore

Keep in mind I’m a programmer, not a lawyer, when I say that Damore has a prima facie case of illegal retaliation: he engaged in protected activity — i.e., exercising the right to improve working conditions — by opposing several discriminatory practices, and was fired from his job.

Damore wrote in his famous (or infamous) memo that “Google has created several discriminatory practices.” Classic case of opposition to an unlawful employment practice.

The law does not require that the employment practice actually be unlawful, only that the employee believes the practice to be unlawful.